OWENS v. DIXON et al
| ALBERT T OWENS, JR |
| J RICHARDSON, K KENNEDY, S GAMBEL, KIMBERLY WARREN, M BARNES, Z CULPEPPER, JOHN JOHNSON, C CREWS, CAPTAIN BANKS, NURSE GODWIN, RICKY DIXON, A COCHRAN, D C PHILLIPS, J MARTENNEY, A JOHNSON, R POLK, M HUEY, HALEY MATHIS, C CAMACHO, CAPTAIN BROWN, FLORIDA DEPARTMENT OF CORRECTIONS, TAMMY MARTIN, NADYA COOK, KENNETH SUMPTER, B GRAY, A INFANTE, E COLLINS, J SOUTHERS, SERGEANT HARVEY, SERGEANT CLEMEN, SERGEANT MUDD, OFFICER E. ANDERSON, A WASHINGTON, B SAPP, G LYMAN, T GARCIA, Z LEE, M PARR, W SKELTON, OFFICER WHITE, OFFICER JOHNSON, S BELL, L LUCAS, A GRANT, H R REWLS, D PHILLIPS, C LANE, M L HALE, S TORRES, R LINBLADE and L CORTESE |
| 4:2024cv00441 |
| October 23, 2024 |
| U.S. District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| T KENT WETHERELL |
| Prisoner Civil Rights |
| 28 U.S.C. § 1331 Fed. Question: Violation 5th & 8th Amendme |
| Both |
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Filing 23
ORDER - Plaintiff's notice of voluntary dismissal, ECF No. #22 , filed pursuant to Rule 41(a)(1)(A)(i), is ACCEPTED. The Clerk of Court shall administratively close this case and terminate all pending motions. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/2/2024. (baf)
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| Filing 22 NOTICE of Voluntary Dismissal by ALBERT T OWENS, JR (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #22 Notice of Voluntary Dismissal. (baf) |
| Filing 21 SECOND REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that the motion for remand filed by Defendant Ricky Dixon, ECF No. #17 , be GRANTED, and this case be REMANDED back to the Second Judicial Circuit in and for Leon County, Florida. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/25/2024. (baf) R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 12/23/2024.) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #20 CO-DEFENDANTS' RANDALL POLK, MONROE BARNES, CHRISTINA CREWS, KIMBERLY KENNEDY, JUANITSHA RICHARDSON, CHRISTOPHER CAMACHO, MARIA BANKS, ROBERT BROWN, DUSTIN PHILLIPS, JAMES MARTENEY, RODNEY HARVEY, BRANDON CLEMENS, DYLAN MUDD, EBONY ANDERSON, BETTY SAPP, ZACHARY LEE, LOUIS CORTESE, CHRISTOPHER LANE, MICHAEL HALE, SANTIAGO TORRES, ROY LINDBLADE, LAKEESHA LUCAS, and ALTELLIA WASHINTON'S CONSENT TO REMOVAL AND NOTICE OF JOINDER WITH RESPONSE IN OPPOSITION TO DEFENDANT DIXON'S MOTION FOR REMAND AND/OR REQUEST FOR SEVERANCE (DOC #19 ), #19 DEFENDANTS' RESPONSE IN OPPOSITION TO #17 DEFENDANT DIXON'S MOTION FOR REMAND AND/OR REQUEST FOR SEVERANCE. (baf) |
| Filing 20 CO-DEFENDANTS' RANDALL POLK, MONROE BARNES, CHRISTINA CREWS, KIMBERLY KENNEDY, JUANITSHA RICHARDSON, CHRISTOPHER CAMACHO, MARIA BANKS, ROBERT BROWN, DUSTIN PHILLIPS, JAMES MARTENEY, RODNEY HARVEY, BRANDON CLEMENS, DYLAN MUDD, EBONY ANDERSON, BETTY SAPP, ZACHARY LEE, LOUIS CORTESE, CHRISTOPHER LANE, MICHAEL HALE, SANTIAGO TORRES, ROY LINDBLADE, LAKEESHA LUCAS, and ALTELLIA WASHINTON'S CONSENT TO REMOVAL AND NOTICE OF JOINDER WITH RESPONSE IN OPPOSITION TO DEFENDANT DIXON'S MOTION FOR REMAND AND/OR REQUEST FOR SEVERANCE (DOC #19 ) by A WASHINGTON (Attachments: #1 Exhibit DOC - 19 Response in Opposition to Defendant Dixson's Motion for Remand, #2 Exhibit DOC - 17 Defendant Dixon's Motion for Remand and/or Request for Severance) (THOMPSON, THOMAS) Modified title on 11/20/2024 (baf). |
| Filing 19 DEFENDANTS' RESPONSE IN OPPOSITION TO #17 DEFENDANT DIXON'S MOTION FOR REMAND AND/OR REQUEST FOR SEVERANCE filed by HALEY MATHIS, NADYA COOK, NURSE GODWIN, KIMBERLY WARREN. (DECARLO, LINDSAY) Modified title on 11/19/2024 (baf). |
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Filing 18
ORDER REJECTING REPORT AND RECOMMENDATION re #7 REPORT AND RECOMMENDATION. This case is recommitted to the magistrate judge to consider whether this case was properly removed and/or whether it must now be remanded to state court based on Defendant Dixon's "objection to removal and motion to remand" (Doc. #17 ). Signed by JUDGE T KENT WETHERELL II on 11/19/2024. (jcw)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #18 ORDER REJECTING REPORT AND RECOMMENDATION. (jcw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #17 DEFENDANT DIXON'S NOTICE OF LIMITED APPEARANCE, OBJECTION TO REMOVAL AND MOTION FOR REMAND OR, ALTERNATIVELY, MOTION FOR SEVERANCE AND REMAND. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 17 DEFENDANT DIXON'S NOTICE OF LIMITED APPEARANCE, OBJECTION TO REMOVAL AND MOTION FOR REMAND OR, ALTERNATIVELY, MOTION FOR SEVERANCE AND REMAND by RICKY DIXON. (Attachments: #1 Exhibit A. Executed Return of Service) (FLYNN-FALLON, BRIAN) Modified title and event type on 11/19/2024 (baf). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #14 AMENDED NOTICE OF APPEARANCE, NOTICE OF LEAD COUNSEL DESIGNATION AND DESIGNATION OF EMAIL ADDRESSES FOR DEFENDANTS (to add additional Defendants), #13 DEFENDANTS' AMENDED MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE (to add additional Defendants), #10 DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE, #11 Notice of Appearance, #15 NOTICE OF ADDITIONAL APPEARANCE AND DESIGNATION OF EMAIL ADDRESSES FOR DEFENDANTS (to add additional Defendants), #16 DEFENDANTS' COOK, GODWIN, MATHIS, MARTIN, AND WARREN'S MOTION TO DISMISS AND INCORPORATED MEMO OF LAW, #12 Notice of Appearance. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 16 DEFENDANTS' COOK, GODWIN, MATHIS, MARTIN, AND WARREN'S MOTION TO DISMISS AND INCORPORATED MEMO OF LAW (Internal deadline for referral to judge if response not filed earlier: 11/29/2024).) by TAMMY MARTIN, HALEY MATHIS, NADYA COOK, NURSE GODWIN, KIMBERLY WARREN. (DECARLO, LINDSAY) Modified title on 11/18/2024 (baf). |
| Filing 15 NOTICE OF ADDITIONAL APPEARANCE AND DESIGNATION OF EMAIL ADDRESSES FOR DEFENDANTS (to add additional Defendants) by MALLORY BENNETT BROWN on behalf of A WASHINGTON (BROWN, MALLORY) Modified title on 11/18/2024 (baf). |
| Filing 14 AMENDED NOTICE OF APPEARANCE, NOTICE OF LEAD COUNSEL DESIGNATION AND DESIGNATION OF EMAIL ADDRESSES FOR DEFENDANTS (to add additional Defendants) by THOMAS R THOMPSON on behalf of A WASHINGTON (THOMPSON, THOMAS) Modified title on 11/18/2024 (baf). |
| Filing 13 DEFENDANTS' AMENDED MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE (to add additional Defendants) RANDALL POLK, MONROE BARNES, CHRISTINA CREWS, KIMBERLY KENNEDY, JUANITSHA RICHARDSON, CHRISTOPHER CAMACHO, MARIA BANKS, ROBERT BROWN, DUSTIN PHILLIPS, JAMES MARTENEY, RODNEY HARVEY, BRANDON CLEMENS, DYLAN MUDD, EBONY ANDERSON, BETTY SAPP, ZACHARY LEE, LOUIS CORTESE, CHRISTOPHER LANE, MICHAEL HALE, SANTIAGO TORRES, ROY LINDBLADE, LAKEESHA LUCAS, and ALTELLIA WASHINTON by A WASHINGTON. (Internal deadline for referral to judge if response not filed earlier: 11/29/2024). (Attachments: #1 Exhibit FDOC Corrections Offender Network Report Showing Deceased) (THOMPSON, THOMAS) Modified title on 11/18/2024 (baf). |
| Filing 12 NOTICE of Appearance by MALLORY BENNETT BROWN on behalf of A WASHINGTON (BROWN, MALLORY) |
| Filing 11 NOTICE of Appearance by THOMAS R THOMPSON on behalf of A WASHINGTON (THOMPSON, THOMAS) |
| Filing 10 DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE (RANDALL POLK, MONROE BARNES, CHRISTINA CREWS, KIMBERLY KENNEDY, JUANITSHA RICHARDSON, CHRISTOPHER CAMACHO, MARIA BANKS, DUSTIN PHILLIPS, JAMES MARTENEY, RODNEY HARVEY, DYLAN MUDD, EBONY ANDERSON, BETTY SAPP, ZACHARY LEE, LOUIS CORTESE, CHRISTOPHER LANE, MICHAEL HALE, SANTIAGO TORRES, ROY LINDBLADE, LAKEESHA LUCAS AND ALTELLIA WASNINGTON) by A WASHINGTON. (Internal deadline for referral to judge if response not filed earlier: 11/29/2024). (Attachments: #1 Exhibit FDOC Corrections Offender Network Report Showing Deceased) (THOMPSON, THOMAS) Modified title on 11/18/2024 (baf). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #8 MOTION FOR ENTRY OF DEFAULT as to RICKY DIXON, #9 MOTION FOR ENTRY OF DEFAULT as to CAPTAIN BANKS, S. TORRES, M.L. HALE, and C. LANE. Referred to MARTIN A FITZPATRICK. (baf) |
| Filing 9 MOTION FOR ENTRY OF DEFAULT as to CAPTAIN BANKS, S. TORRES, M.L. HALE, and C. LANE by ALBERT T OWENS, JR. (Internal deadline for referral to judge if response not filed earlier: 11/22/2024). (baf) |
| Filing 8 MOTION FOR ENTRY OF DEFAULT as to RICKY DIXON by ALBERT T OWENS, JR. (Internal deadline for referral to judge if response not filed earlier: 11/22/2024). (baf) |
| Filing 7 REPORT AND RECOMMENDATION - It is respectfully RECOMMENDED that the claims brought against Defendants Ricky Dixon, Kenneth Sumpter, S. Gambel, Z. Culpepper, A. Johnson, and A. Cochran be DISMISSED for failure to state a claim upon which relief may be granted, that Plaintiffs motion for service of process, ECF No. #5 , be DENIED, and the case be TRANSFERRED to the United States District Court for the Middle District of Florida, Jacksonville Division, for all further proceedings. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/8/2024. (baf) R&R flag set. (Internal deadline for referral to district judge if objections are not filed earlier: 12/6/2024.) |
| Filing 6 Notice to Pro Se (baf) (For newly assigned case number 4:24-cv-00441-TKW-MAF.) |
| Filing 5 MOTION FOR SERVICE OF PROCESS by ALBERT T OWENS, JR. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #5 MOTION FOR SERVICE OF PROCESS. Referred to MARTIN A FITZPATRICK. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #3 INTRADISTRICT TRANSFER ORDER, #1 NOTICE OF REMOVAL. (baf) |
| Filing 4 Case transferred in from GAINESVILLE Division on 10/28/2024 Case Number 1:24-cv-185. (mb) |
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Filing 3
INTRADISTRICT TRANSFER ORDER. The clerk shall TRANSFER this case to the Tallahassee Division of the U.S. District Court for the Northern District of Florida. The clerk shall close the file in the Gainesville Division. Signed by MAGISTRATE JUDGE HOPE T CANNON on 10/28/2024. (mb)
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| Filing 2 Notice to Pro Se (tss) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #1 Notice of Removal - new prisoner case (tss) |
| Filing 1 NOTICE OF REMOVAL by NADYA COOK, MATHIS HALEY, TAMMY MARTIN, KIMBERLY WARREN from Circuit Court for Leon County, case number 2024-CA-001608. ( Filing fee $ 405 receipt number AFLNDC-9110129.), filed by NADYA COOK, MATHIS HALEY, TAMMY MARTIN, KIMBERLY WARREN. (Attachments: #1 Exhibit EX A - Summons and Complaint, #2 Exhibit EX B - State Notice of Removal, #3 Exhibit EX C - State Docket Sheet) (DECARLO, LINDSAY) |
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